Why John Stoffa Builds Birdhouses

 

Why did Northampton County Exec John Stoffa build birdhouses? Check out this video, which Jeff Stoffa shot and posted.. "One night, Charles Dertinger said, 'This administration couldn't build a birdhouse.'" It's an interesting insight into John Stoffa's wonderfully different way of looking at things.

John was my favorite person.  He was a liberal Democrat, yet one of his closest friends was conservative Republican Ron Angle. They worked well together.  Now it's all tribal warfare. There are even factions within the tribes. 

Stoffa appealed to our better selves. He was nobody but himself in a world intent on making us like everybody else. 

NorCo Exec Lamont McClure has ordered the county flag lowered to half staff until the conclusion of John's funeral.

Here's McClure's statement: 

“John Stoffa lived and breathed county government. He served as Human Services Director in both Northampton and Lehigh counties during his career. If there is a more demanding job in county government, I haven’t seen it. His positive legacy as Northampton County Executive can be found all over Northampton County in our parks, in our open and green spaces, in our centralized Human Services Building in Bethlehem Township and in our Work Release facility in West Easton. His hard work on the behalf of the people of Northampton County will endure long past today’s sadness and, on behalf of the people he and I have served, we say to Mrs. Stoffa and their sons how deeply sorry we are for their loss.”

The John Stoffa Legacy

Barbara Stoffa will get her husband back after eight years

Blogger's Note: John Stoffa died yesterday at age 82.  He was one of my favorite people. He never took himself seriously and loved to laugh. He was cheap, like all county executives, but he really cared about people. I considered this great man. a good friend  Below is a story I wrote when he left office. 

He's pulled his last weed.

As an 8 year old farm boy, John Stoffa was assigned the task of pulling ragweed from his father's cornfield. One was particularly troublesome, but the boy persisted and it finally came out.

That farm boy would go on to become Northampton County Executive. On December 12, he attended his last Council meeting as the County's highest elected official, finishing eight years in office. It was the first time he was accompanied by his wife, Barbara. "He would never let me come before," she explained.

Normally laconic during meetings, Stoffa itemized some of his accomplishments during his two terms in office. "Northampton County is a wonderful place to live," he explained. "Our job is to keep it that way." Stoffa, who provided an office to incoming Executive John Brown to help with the transition, wished his successor luck over the next four years. But Stoffa cautioned everyone against treating government like a business. He said good government occurs when people work together, like during an Amish barnraising.  "They can do in one weekend what takes government a year," he said.

What did Stoffa do over the last eight years?

Basic maintenance. - Courthouse elevators that broke down nearly every day now operate flawlessly. Nursing home windows that had been leaking since the '70s, are now working properly. He fixed the cupola over the courthouse, and restored the building. At county nursing home Gracedale, where one oil tanker was needed every three days, Stoffa converted those furnaces to gas.

The Milides Building Purchase. - Located across the street from the courthouse, this purchase gave the County 60 additional parking spots. It is also home to the Elections Office and Controller.

Recycling. - When Stoffa first assumed office in 2006, the County did not recycle paper. Now there is single stream recycling as well as two annual events for the community.

John Stoffa seems to recognize that guy.

Open Space. - John Stoffa was elected on a pledge to raise taxes a half mill to preserve open space. Preserved farmland has gone from 6,700 acres to 13,007 acres. His program has enabled the County to purchase land next to Housenick Park, which Stoffa calls the "Central Park of the Lehigh Valley." It funded Wayne Grube Park in East Allen Township. Though the County will lose 500 acres of farmland to developer Charles Chrin for a Route 33 Interchange at Tatamy, it will get than land back. Stoffa praised former Councilman Ron Angle for brokering a $2 million donation from Chrin that will enable the County to preserve another 500 acres of farmland.

Archives. - Under a previous administration, the County demolished its state-of-the art archives building for a prison expansion. It was paying $100,00 per year to house its historical records in another County. But in April, a new archives building was dedicated in Forks Township, including climate-controlled high-density shelving and a public reading room.

New Corrections Policy. - "Build programs, not cells," said Stoffa, noting the increased use of treatment to stop the jail from becoming a revolving door. The recidivism rate, i.e. the rate at which offenders return to the County jail, hovered around 69% when Stoffa assumed office. That rate is now down to 35.9% at the jail, according to Corrections Supervisor Arnie Matos. That lower rate translates to saved county tax dollars. Stoffa noted over 400 people volunteer their time at the jail, now considered one of the best in the state.

West Easton Treatment Center. - This work release facility, which can house up to 100 inmates, is used as both a work release and treatment facility for low level drunk drivers.

Bridges. - Thanks to a $19.6 million bond floated by Council in July, the County can begin repairs on 16 of its most critical bridges over the next three years.

Stoffa portrait includes courthouse cupola in background

Centralized Human Services Building. - In March, Northampton County will open a new, centralized human services building along Emrick Road in Bethlehem Township. Human services had been divided between the Governor Wolf Building in Easton and the Bechtel Building in Bethlehem. Thise buildins have been sold. "This was never just about a building," noted Stoffa. "It was about the people," he said referring to 18,000 consumers of human services county wide. "There will be one number you can call to get help," he added.

Retirement Fund. - The fund for County retirees has exploded from a low of $160 million to$328 million. Last year, it earned 17% in interest. Northampton County is also the first in the state to establish a separate trust for other post-employment benefits, called OPEB. That fund is at $24 million and generated 18.6% in interest last year.

Tax Hikes. - Aside from the half mill tax hike he promised before being elected in 2006, Stoffa proposed no tax increases during his eight years in office. But he believes they are a fact of life. "Raising taxes in small amounts is not the end of the world," he said.

Stoffa's Regrets. - Stoffa regretted not moving earlier on the swaption, a complicated financial deal he inherited from a previous administration that ended up costing the County $25 million. He called it a "cancerous sale." He never mentioned his failed sale of Gracedale, but in a speech to a statewide association of county commissioners earlier in the month, he said he rushed things.

After the meeting was over, his cabinet took him to see a portrait prepared by local artist Tom Burke. Stoffa initially refused to have a portrait done, then agreed if it could be done like a Picasso. He finally relented when a local artist was selected.

Stoffa now will resume his quest of building 500 birdhouses. He's at 282.

John Stoffa Report

I talked to former NorCo Executive John Stoffa on Monday. Although he has blocked my cell, I got through using someone else's phone. He sounded very cheerful and complimented Lamont McClure. He also admitted that he's still ugly, but not as ugly as me.

John Brown's Spotty Voting Record

John Stoffa never missed elections; John Brown
never bothered.   

Northampton County Executive John Brown likes to portray himself as Captain Corporate America, a man who devoted his business career to saving failed businesses. He gave all that up for us. But as I explained to you on Friday, the truth is much different. Thanks to a deposition of John Brown himself, taken in 2014, I can tell you that he saved no corporations. He mostly worked in what I would call lower or middle management. He did manage to get fired twice, and actually spent a year in customer service at Majestic Athletic Wear, where the only job requirement is a high school diploma. At the last place he worked, he was laid off in 2008 when the Great Recession hit. He went into the public sector because he needed a job. He had no interest in politics or government, and that is borne out by his very spotty voting record.

In his 2014 deposition, he was asked about his entry into politics.

Q. How did you get involved in politics?
     A. Decided to run for mayor and that was my introduction to politics.
Q. Had you been actively involved in politics previously?
     A. No.
Q. Are you a registered Republican?
     A. Yes.
Q. When did you register as a Republican?
     A. I don't know specifically.
Q. Approximately?
     A. Within the last 10, 15 years.
Q. Prior to that time were you registered?
     A. I believe I was registered independent.

From his deposition, we know that Brown graduated from high school in 1979 and from college in 1983. He should have registered to vote sometime in that period. But Northampton County's voting records show that he waited until October 3, 1995, before doing so. That's 12 years after his college graduation.

Brown said he registered as a Republican 10-15 years ago, and prior to that, was an Independent. The elections records show that he registered 22 years ago, and was always a Republican.

After registering to vote in 1995, he failed to show up at the polls and vote in the municipal races that year. Nor did he vote in the 1996 elections in which incumbent Bill Clinton was re-elected. He also skipped the 1997 municipal race in which Robert Janus was elected Mayor of Bangor. Two years later, Janus was arrested and eventually pleaded guilty in a drug sting in which he was accused of selling cocaine from a bathroom in the Sportsman's Bar and tipping off dealers.

A former Bangor Mayor, Duane Miller, said that "the townspeople abdicated their responsibility" in that election, and Brown was certainly one of them.

After being registered to vote in 1995, Brown cast his first vote in the 1999 municipal primary. But he failed to follow through and vote in the general election that year.

He also skipped the municipal elections completely in 2001, 2003, 2005 and 2007.

He only began voting regularly in 2009, when he himself decided to run for Mayor in Bangor.

He needed a job.

The conduct of elections is a county responsibility. He now administers an office he routinely ignored when he was in the private sector.

Prior executives have always taken this responsibility very seriously. One of Gerald "Jerry" Seyfried's proudest moments was when he and his lovely wife were honored for voting for 50 years straight. Glenn Reibman and John Stoffa have both received this honor. When he was Executive, John Stoffa often conducted ceremonies to honor 50-year voters.

Democracy, after all, is no spectator sport.

While I was at it, I checked the voting records of Lamont McClure and the candidates for County Council. All but one are impeccable. Bill McGee, for example, has voted in every election without fail since he first registered in Northampton County in 1996.

One Council candidate, solar panel salesperson and author Tara Zrnski, has a spotty voting record.  She registered to vote in 2000, but has only voted 11 times. She skipped the municipal elections in 2001, 2003, 2005, 2007, 2009, 2011 and 2013. That's right. She never cast a vote in the races in which John Brown was elected over John Callahan.

It is difficult for either Brown or Zrnski to claim they care about county issues when they've missed most of the elections.

Stoffa Sez: Get Off the Sofa and Vote For Murray

John Stoffa at his farm

Do you remember when we had a Northampton County Executive who was actually respected by the employees, even when they were mad at him? A man who financed his second term campaign completely out of his own pocket, refusing to take a dime from anyone? A man who stood for honesty and fairness? A man who actually believed in transparency?. A man who though people matter just a little more than numbers? A man who always had a corny joke?. That man, John Stoffa, was Northampton County's Executive for eight years. His integrity was and remains beyond reproach. Sadly, men like him are rare. And he is making a rare endorsement. John Stoffa wants you to get off the sofa and vote for Murray in May.

Stoffa is the second former NorCo Executive to ask you to support Sam. Jerry Seyfried, who gave Sam a job when he was County Executive, did that last week.

Like any good man, both Stoffa and Seyfried have detractors. Some are the usual anonymous trolls. Others are those who resented the fairness of these true public servants. They made this little corner of the world a better place. They think Sam can do so, too.

The "A" Team Visits NorCo Council

Ron Angle quotes Shakespeare, sort of

I was delighted last night when the A team, consisting of former Executive John Stoffa and former Council member Ron Angle, decided to drop in on a Council meeting.

John Stoffa

John Stoffa, as some of you know, was quite ill when he left office. In fact, when the new Human Services building was dedicated early this year, I was quite concerned about him. But he's now looking better than at any time I've seen him over the past few years. A huge weight has been lifted from his shoulders and is now being borne by Executive John Brown.

Though one of life's ambitions is to build 500 birdhouses, Stoffa has put that project on hold. He's hooked on Hitler. He's just finished five biographies of the man who at one time even had Gandhi fooled.

The Northampton County Bulldog

After baling hay all day, Ron Angle rushed down to the courthouse. He might claim he was there to straighten Council or Brown out, but the truth is that he was there to see Stoffa. Like me, he really admires and respects this unusual man who devoted his life to helping others. .

Though the Bulldog was there to see Stoffa, the podium beckoned, and Angle gave a short speech that pretty much hit on every problem facing the County over the past year.

"As Shakespeare said, Rumors of my death are greatly exaggerated," he started, with an unlit stogie dangling from his mouth.

"Doesn't he mean Mark Twan?" I asked Stoffa,.

"Shut up, he's on a roll," answered the former Exec.

"Certain people on Council and the Controller, who I don't see here ..." he continued.

"I'm here" shouted Controller Steve Barron in the back.

"Oh he's here," Angle went on. "Generally, it's hard to miss him." 

Gracedale

Angle went on to point out that Barron and others on Council accused him during the last election contest of "exaggerating" the financial drain caused by Gracedale, the County-owned nursing home.

"Gracedale is still hemorrhaging the same money it was hemorrhaging before. In fact, I was correct with the numbers and there wasn't games played with the finances."

"People like Mr. Stoffa and myself were not making up fake numbers and cooking the books. ... Had it been sold, you would have had tens of millions of dollars to put into senior citizen programs which now will never be put into that. And frankly, it would hacve continued as a nursing home and nobody would have been put out ... ."

.County Finances

"[Y]ou have a financial problem here. There probably will be a tax increase unless you want to play some kind of games and make the tax increase even bigger in the future. ... You're eating the seed corn again and the $60 million that was supposed to be there in budgetary reserve ... . "

Council Plan to Insist on Approval of All Contracts Over $10,000 Instead of the Current $100,000

"He [Brown] is the Executive. It is his job basically to run the County. He's the CEO of a corporation. That was the thought on the Home Rule form of government, and you're merely the Board of Directors. ... To hamper his ability to run the County is not an answer, and if you reduce this amount, you're certainly going to hamper his ability to run the County."

On The PR Firm.

"If you're doing a good job, you don't need a public relations specialist. Let the people decide whether he's doing a good job."

Residency Requirement

"I happen to agree with you Democrats. We have a helluva' lot of people who live in Northampton County. We have a lot of wonderful deputies. I'm not saying the Sheriff selected doesn't have a wonderful resume. Frankly, it's a resume he could be an Assistant Director of the FBI. ... But the point is there is people in Northampton County that could have done that job."

Home Rule

Angle went on to suggest that Council needs to re-evaluate whether Home Rule is working.

Angle spoke about five minutes. You don't think these guys have an impact? Angle was quoted and mentioned by four different Council members, as well as the Controller. Stoffa, who just sat there, was mentioned three times. Former Exec Jerry Seyfried, who wasn't even there, was rerferred to as an authority on the Home Rule Charter by Republican Glenn Geissinger.

Callahan Raises $500,000 in NorCo Exec Race

In what appears to be a fundraising record for County Executive races in Northampton and Lehigh County, Bethlehem Mayor John Callahan has raised over a half million dollars in his bid to become Northampton County's Executive. In a campaign finance report filed late Friday afternoon, Callahan disclosed contributions of $161,983 between the primary and October 21. This brings his total to $513,456 from nearly 600 individual contributors.

Callahan's Republican opponent, Bangor Mayor John Brown, raised $11,000 over the same time period.

Going into the final days of the campaign, Callahan has a 17 to 1 cash advantage over Brown. Callahan has $118,540 cash on hand compared to Brown’s $6,817.

Callahan campaign manager Eric Nagy, however, is concentrating on grassroots appeal, claiming 25,000 voter contacts since July. "John has been knocking doors and feels very encouraged by the positive response from voters," noted Nagy.

The Brown campaign is also relying on grassroots appeal, with Brown focused on direct voter contact.

Brown has also received a little help from the state republican party, which spent $10,882.49 for campaign literature and postage on his behalf.

Winning the money race is no guarantee of victory. Just four years ago, when Northampton County Executive John Stoffa sought re-election, he refused to take money from anyone.

I'll have more to say about these reports next week.

Stoffa Will Not Penalize Workers For "Regressive" Obamacare Provisions

A memo From Executive John Stoffa to NorCo Council:

Dear County Council,

After much deliberation, I have decided to rescind the Administrative decision to dramatically increase employee co-insurance contributions for healthcare benefits. We remain very concerned about penalties that can be levied against the County in 2018 for having what is categorized as a "cadillac plan" under the Affordable Care Act (ACA). Many employers including Pennsylvania's counties are struggling with this provision of the ACA. It is my intention during my remaining term in office to work with the County Commissioners Association of Pennsylvania (CCAP) to advocate for changes in the law, to increase the threshold for "cadillac plans" or to eliminate this provision. It is unfair that employers who try to reward their employees with good health care coverage would be penalized for doing so. County employment, like most public service, does not provide big salaries, bonuses or other incentives. Our hard-working, dedicated employees value the excellent benefits provided by the County. They have tolerated and understood our need to limit pay increases due to tight budgets, and the need for them to contribute higher percentages of their pay for quality health care coverage. However, a 900% increase for some employees but not for all employees, (this would not apply to all unions) in their co-insurance contributions in 2014, is not the answer to the problem we are facing with the ACA. I am suggesting that necessary changes be considered for calendar year 2015, when the ACA has been thoroughly researched, as well as reasons for the increased medical costs in employee utilization. We need to work together, with other counties and the unions representing our employees, to facilitate changes in this law.

I will be forming an ad hoc committee to help us develop a strategy to advocate for changes in the ACA and to be prepared for the consequences in the event those changes cannot be achieved. I hope that this effort will be continued during the next County administration. But until then, we need to work together with our employees, their representatives and other Pennsylvania counties in finding solutions in the regressive provision of the ACA.

Thanks,
John

John Stoffa
County Executive

Will County workers come to today's budget hearing en masse to thank him? They had no problem trashing him last week over a law that was not his making.

Stoffa Proposes No-Tax-Hike Budget in Northampton County

He's Got One Hand on the Door

John Stoffa's Budget Message:

The proposed 2014 budget for Northampton County presents a reasonable spending plan while considering the growing needs of County government. The administration has assembled the 2014 budget without a tax increase while maintaining the tax rate at 10.8 mills.

Personnel costs constitute 44.9% of proposed total operating budget expenditures. These costs increased by approximately $8 million (5.7%). Salaries, which comprise 27.9% of proposed total operating budget expenditures, increased approximately $3.7 million (4.2%). Fringe benefit costs, which represent 17% of proposed total operating budget expenditures, increased approximately $4.3 million (8.3%).

As presented in the 2014 proposed budget, the Open Space Initiative will remain a high priority with 1/2 mil of tax ($3.7 million) set aside for this purpose. Contributions of $700,000 for County parks and $1 million each for municipal parks, farmland preservation and environmentally sensitive are proposed.

In order to understand the 2014 proposed budget, several major events occurred in 2013 which had an impact on the proposed 2014 budget and are listed below:

• The County purchased an archives building to eliminate the need for payments to an outside vendor for record storage services. The building now allows the County to house all archived records locally, under one roof, to eliminate record storage in separate facilities and locations.

• Debt service includes the payments associated with issuance of the 2013 bond. The 2013 bond issue provided funds for capital projects which include reconstruction and rehabilitation of 18 county bridges, replacement of generators at the Courthouse and Gracedale Nursing Home, and renovations to the boiler house at the Gracedale complex.

• Plans were finalized and construction began on a new human services facility located on Emrick Boulevard in Bethlehem Township. The building will consolidate most Human Services divisions into one centralized location for the convenience of the citizens of Northampton County. Occupancy is expected by March of 2014. As a result of this initiative, the Bechtel and Wolf buildings were sold.

• Work on Guaranteed Energy Savings (GESA) projects are near completion throughout the County. The GESA projects savings is evidenced by the decrease in budgeted energy costs throughout the County. These projects included county-wide upgrades to heating, cooling and electrical systems, plumbing, and building insulation. The Gracedale sewer line project is now complete.

Beyond 2014, the County faces additional challenges including ongoing reconstruction and rehabilitation costs relating to an additional 15 bridges, potential construction of a regional forensic morgue, a possible stray animal facility and continuing maintenance projects to various County facilities. The County is prepared to meet these challenges while continuing to provide quality services to its citizens.

Finally, I wish to recognize and thank the dedicated accounting staff in Fiscal Affairs for not only assembling this budget, but for their relentless monitoring of the County's spending. Since this is my final budget message, I also wish to thank the present and past County Council Members for their support. But most of all, I wish to recognize and thank the County employees, many of whom labor without recognition in their own dedicated way. As residents and citizens of Northampton County, we should all be proud of their efforts. They are our most valuable resource.

John Stoffa
County Executive

NorCo Council to Stoffa: Sue The Bastards

Yesterday, I told you that Northampton County Council was mulling over a resolution calling on Executive John Stoffa to sue the Lehigh Northampton Airport Authority over plans to sell Braden Airpark, located in Forks Township.

"Sue the bastards!" advises Council's legal scholar, Phil Lauer.

"Sue the bastards!" echoes County Solicitor Dan Spengler.

But Executive John Stoffa doesn't want to sue the bastards. He told Council he was on the phone with the bastards all afternoon, and they promised him not to sell Braden Airpark until next March. He thinks that call should be made by the next Executive.

"I don't want to sue the Airport," he told Council. "We can't afford it. We are in Court too much already."

Knowing how Stoffa feels, Council voted 8-0 to sue the bastards.

Stoffa: We Don't Need No Steenkin' Gracedale

That's what Gracedale fanatics claim.

As he reported at last night's Council meeting, Executive John Stoffa has spent nearly $28 million for capital projects at Gracedale since he assumed office. This does not include $4.3 million proposed for generators at Gracedale, which are part of the bridge bond scheduled for adoption on July 2.

Judge Dally Sides With DA in Spat With Stoffa

Judge Dally Decision on DA's Independent Authority

Spengler: DA Circumventing Council's Authority

Dan Spengler after Stoffa's appointment

The Empire has stuck back. In a detailed pleading called an "Answer and New Matter", Northampton County Solicitor Dan Spengler has rejected DA John Morganelli's contention that he has the power to promote and set salaries in his own office, so long as there's money for it in his budget. Instead, Spengler maintains that Morganelli is actually circumventing the independent power of County Council to set salaries and create new positions. Morganelli is bound by the Home Rule Charter, says Spengler, which creates a system for raises to ensure professionalism.

Spengler also denies that Council Solicitor Phil Lauer (Northampton County has both a County and Council Solicitor representing two branches of government) stipulated that Morganelli is correct. He adds that neither Stoffa not Human Resources could implement the DA's payroll requests without violating the Budget Ordinance as well as the Home Rule Charter.

Council Solicitor Phil Lauer is staying out of this so far.

It is unclear when this lovers' quarrel will be resolved by the Court of First Guess. But since Morganelli is seeking a mandamus and a peremptory judgment, I suspect the men (and women) in black will be hearing it soon.

Stoffa Answer to Morganelli Mandamus

NorCo Courthouse To Get Major Award!

Major Award

Executive John Stoffa is very proud of the restoration work done at the Northampton County's 1861 Courthouse, mostly through the efforts of Bethlehem-based architect Artefact Inc. The County used a $2 million grant to replace 163 unique windows, repair the roof and gutters and restore this Civil War era building to its original splendor. This included re-painting the building with its original colors.

About 100 times, he's asked me to step outside and take a look at it.

Now he's beside himself with joy. On Wednesday, he received word that the Courthouse has been selected for a major award by the Greater LV Chamber of Commerce on April 18.

Congratulations! The Northampton County Courthouse in Easton has been selected as a recipient of a 2013 Greater Lehigh Valley Chamber Commerce Commercial Real Estate Development (CRED) Award. You and your partners in the project will be honored at our Commercial Real Estate Outlook event on Thursday, April 18, 2013. The event takes place from 11:00 a.m. to 1 p.m. at the Holiday Inn Conference Center, (I-78 at Route 100) 7736 Adrienne Drive, Breinigsville, PA.

It cost County taxpayers nothing.

Debate Continues Over DA's Independence

A Morganelli predecessor

On Wednesday, I put most of you to sleep with a very lengthy post that balances an important public interest in an independent District Attorney against the public interests in a professional staff, transparency and fiscal accountability. That's what's going on in District Attorney John Morganelli's mandamus action against Executive John Stoffa. Facially, it might seem trivial. But these are important considerations. A DA needs to be insulated from other branches of government. But the people, through County Council, also have a legitimate interest in determining how the office is funded.

Yesterday, County Solicitor Danny Spengler answered Morganelli's Complaint, and included what lawyers call a "New Matter" that will require a response from the DA. Unfortunately, I don't have it at this point.

But I do have a well-written memo from Council Solicitor Phil Lauer to Council. I pretty much share his view.

This lawsuit could have been avoided had Lamont McClure's Legal Judicial Committee been conducting meetings to review the Home Rule Charter. For over three years, he has failed to schedule a single meeting.

Are DA Promotions Subject to Review by Council?

DA Re-Files Mandamus Over Independence of His Office

Yesterday, I told you that Northampton County DA had withdrawn his mandamus action against Executive John Stoffa because it appeared that his specific concerns about wage hikes for four Assistant DAs were being addressed. Looks like it's back on again. He re-filed his mandamus yesterday.

I apologize in advance for a lengthy post, which is probably not of interest to most of you.

The Facts

The big issue is the power and independence of his office. But the more specific issue is his desire to get more money into the pockets of four Assistant DAs. Of these four, he also wanted to promote two to supervisory roles. But here's the problem. Only one of these supervisory roles is open as a result of a vacancy. Stoffa told Morganelli he needed Council's approval for that second position.

After thinking things over, Morganelli decided that he would just go for one promotion, and give the remaining three raises. Interestingly, County Council Solicitor Phil Lauer agrees with Morganelli. According to his Complaint, Lauer stipulates to the authority of the district attorney to implement these personnel changes without County Council action. But the County's Human Resources office has apparently refused to go along with this resolution. So Morganelli, who feels that the independence of his office is under attack, has re-filed his mandamus.

The Home Rule Charter

Who is right? John Stoffa or John Morganelli? To answer that question we first need to look at some specific provisions in the Home Rule Charter, which is Northampton County's constitution:

Section 2.202 (11): "The County Council shall have, among others, the following powers: ... to establish in accordance with this Charter the salaries and wages of all elected officials, officers, and employes; and to set the numbers of officers and employes of each agency."

Section 2.201: "The County Council shall be the governing body of the County which shall exercise ... any residual powers of a county ... subject to the provisions of this Charter."

Section 5-503: "The District Attorney shall have the power to direct and supervise the Office of the District Attorney and its personnel, subject to the provisions of this Charter. The District Attorney, in person or through subordinates, shall have the power to appoint and remove members of the exempt service under his direction and supervision and to appoint, promote, transfer, demote, suspend, dismiss, or otherwise discipline members of the career service under his direction and supervision in accordance with the provisions of Article VIII."

Section 8-801: " The purpose of this article is to establish and maintain for the County a career service designed to attract, select, and retain, on the basis of a fair and open competitive selection process, the best qualified individuals, and to impose on elected officials, officers, and employes the highest possible ethical standards."

Section 8-804: "(a) Impartial Standards. The County Executive, or the agency responsible for the administration of the merit personnel system, with the advice of the Personnel Commission, shall establish impartial standards for each position in the career service, which shall be used to evaluate the qualifications of candidates for the career service. The evaluation of the qualifications of candidates for the career service shall be based on measures of competence and fitness such as written and oral tests, training and experience, physical and psychological examinations, and demonstrations of physical dexterity and physical ability to perform specific tasks."

Home Rule Charter Analysis: DA Is Right, But He Loses

The Assistant DAs whom Morganelli seeks to promote are either "exempt" or "career service" employees. That is unclear from his re-filed Complaint.

If they are exempt, they serve at his pleasure. Section 5-503 of the Home Rule Charter gives him the sole authority to "appoint and remove members of the exempt service under his direction and supervision." But it gives him no authority to set their salaries. According to Section 2-202 (11), that's Council's job.

Citing 5-503, Morganelli argues he the authority to "appoint, promote, transfer, demote, suspend, dismiss, or otherwise discipline" his staff. But that provision applies to members of the career service.

Even if these professional prosecutors were regarded as career service, Section 5-503 makes clear that any of Morganelli's promotions must be done in accordance with Article VIII of the Home Rule Charter. That includes a series of tests and other hurdles to ensure that "the best qualified individuals" are selected, instead of cronies. The DA has not alleged compliance with Article VIII.

Thus, under the Home Rule Charter, County Council sets the salaries and wages of assistant DAs, as well as the number of employees a DA can hire. He may get to do the hiring and firing, but Council sets the pay. Since Council controls the purse strings and adopts the budget, this makes sense.

But in this case, Council Solicitor Phil Lauer has already stipulated to Morganelli's personnel changes. That should end the matter. As Morganelli points out himself, Stoffa really has no dog in this hunt. This is strictly between Morganelli and Council. And it appears that the DA has an adequate remedy, which is merely presenting a resolution to Council for what will certainly be a perfunctory approval. I honestly don't even see a case or controversy. At least not yet.

Is Home Rule Charter Invalid?

But what about the bigger question? Is the Home Rule Charter invalid? It would seem so. Morganelli has cited caselaw that makes very clear that he, and he alone, has complete authority to hire, fire, suspend, transfer, promote, demote and otherwise manage personnel in his office. This cannot be impaired in any manner, not by collective bargaining agreements or even the Home Rule Charter.

Public Policy

I've been referring to arcane sections of the Home Rule Charter. But they serve important public policies. Obviously, a District Attorney must be able to run his office as sees fit. He cannot be a pawn of the Executive, Council or anyone else. But there are other public interests as well.

Independence v. Professionalism. - Article VIII of the Home Rule Charter is intended to foster an atmosphere of professionalism in county government. Those of us who have witnessed elected row offices are well aware of the potential for mischief when cronyism and nepotism are tolerated.

Caselaw indicates that the need for an independent District Attorney outweighs a union contract in which seniority rules. That's not so hard to swallow. But does this need outweigh career service regulations promoting professionalism? According to Morganelli, yes. And he may be right.

Independence v. Transparency. - If the DA decide to promote without notice or give raises without notice, doesn't this defeat the public's right to know?

Independence v. Sound Budgeting. - The caselaw also makes clear, and Morganelli concedes, that the people have a right to set his budget.

Any ambiguity concerning this would have to be resolved in Council's favor since they exercise any "residual powers."

Aside from the need for an independent DA, there is a  public interest in open and transparent government; in ensuring professionalism; and in managing the county's finances.

All of this cries out for a review of the Home Rule Charter by Lamont McClure's Legal and Judicial Committee, which has not met in over three years. An amendment to the Charter is obviously overdue. While a DA should not be hamstrung, there is a public interest in professionalism, transparency and fiscal restraint.

Morganelli's latest complaint is below.

Mandamus Suit Over DA's Independence

Morganelli Mandamus A Result of McClure's Inaction

Does the Elections Registrar work for the Executive, as the Home Rule Charter Says, or for the Elections Commission, as stated in the Election Code? When the Elections Commission is hand-picked by party bosses, as stated in the Home Rule Charter, doesn't that unconstitutionally deny participation by independents and third party bosses. Do we really need a Director of Court Services, who reports to the Executive, when we have a Court Administrator, who reports to the courts? Should the judges have a say in the selection of row officers? If the offices of District Attorney, Controller and Judge are  independent, why must their budgets be approved by County Council every year? These questions, and many more, provide a breeding ground for litigation and turf wars. The latest is DA John Morganelli's lawsuit against Executive John Stoffa for blocking four promotions in his office.

It's a rare mandamus action. Courts are very loathe to interfere in these kinds of disputes, and it appears to me that it might be a bit premature. Stoffa has already told The Morning Call that all Morganelli need do is get County Council to sign off on his promotions. But Morganelli has a right to run his office the way he sees fit.

Some will point their fingers at Stoffa, while others will slam Morganelli. In reality, it is neither's fault. All of this could have been avoided if Lamont McClure's Legal and Judicial Committee was conducting meetings the way it should have been doing over the past three years. Council has been well aware of these and other questions raised by our Home Rule Charter form of government. Yet for the last three years, Chairman Lamont McClure has failed to conduct a single meeting. He has failed to schedule a meeting this year, even though Council forwarded a question for his committee's review in early January.

McClure's combined attendance at committee and Council meetings was an abysmal 41% in 2011, and an equally disgusting 47% in 2012. Despite drawing the wrath of Morning Call "terrorist columnist" and "Fabian Socialist" Bill White, McClure has thumbed his nose at the very people who elected him.

What's especially disturbing about the Morganelli lawsuit is that the DA has been a regular contributor to McClure, and McClure's wife works for the DA. Had McClure undertaken a review of the Home Rule Charter, Morganelli's lawsuit would probably be unnecessary.

McClure has told Bill White that he's a lawyer and can't get away during the day, but Scott Parsons finds a way to get away from his day job to attend meetings. And as Chair, he could schedule evening meetings if he wanted. It's hard to escape the conclusion that McClure is just lazy.

With this kind of work ethic, which has just resulted in a lawsuit that nobody really wins, is it really a good idea to elect McClure as County Exec?

Updated 11:20 PM : Morganelli's Complaint!

Morganelli's Mandamus Action by

A Steve Barron, John Stoffa Contrast

Stoffa says Hi to someone last Thursday

Northampton County Executive John Stoffa, a farm boy with an alcoholic and abusive father, was pushed so hard as a youth that he lost two fingers feeding corn cobs into a feeder. That no doubt made it more difficult for him to fit in with other kids his age. It would be much harder for him to swing a bat or throw a ball. Tall and lanky, he probably felt a bit awkward as a youth. But it gave him a unique perspective on things, one I've never seen in anyone else. After a stint with Uncle Sam, he was able to go to college. It was there that he met a beautiful woman, fell in love and married. He and his wife, Barbara, have spent their careers in human services, trying to help other children who might be victims of abuse or alcoholism. That's why a centralized human services building was so important to him.

It had nothing to do with his name on a building or the usual political games.

His proposal was rejected his first year in office, but he persisted, year after year. Last week, it finally paid off. County Council overwhelmingly endorsed his proposal by a 8-1 margin. I think the most shocked person in the room was John Stoffa.

A centralized facility for human services makes sense on many levels. Not only does it enable a more efficient delivery, but it helps the many people who need services from several different agencies. It helps abused and neglected children, who currently have visitation in rooms tainted by lead paint chips and mold. It helps Children and Youth caseworkers, who must conduct interviews in neutral settings. It helps our forgotten disabled veterans, who find it difficult to access the Wolf building.

Unlike Stoffa, Northampton County Controller Steve Barron is a child of partisan politics. He got his start in Bethlehem bar rooms, under the tutelage of party boss Joe Long. After that, he got himself involved in the County party, and in 2006, tried to get himself appointed to a Controller vacancy in Bethlehem. He failed to get a single vote.

But we elected him, the very next year, as Controller to the whole County. I am one of the fools who voted for him. He has increasingly politicized the office to the point where someone needs to control him.

Since his election, Barron has injected himself into numerous policy considerations, always from the perspective of public sector unions. He has admitted giving union business agents advice on how to negotiate contracts with the County. He got caught on video, threatening T-Mobile with official retaliation for refusing to speak with some union agents who had no appointment. He dove headfirst into the Gracedale issue, got state officials involved in a ridiculous asbestos investigation., making wild claims about an uncaring administration. He conducted a witch hunt over county monies aimed at yours truly and the Executive, notwithstanding that the DA and the courts refused to get involved. Most recently, he got involved in the centralized human services debate.

With absolutely no regard for the people impacted by these services, including neglected children and our forgotten veterans, Barron pushed for Jim Gregory and SEIU. They wanted guarantees that County workers, i.e SEIU union members, would continue to provide these services.

When I pointed out this blackmail, and noted that our veterans and neglected children were being ignored, Barron had to set the record straight This is what he told Council last Thursday.

"It has been said that somehow my commitment to veterans and the people that would be serviced by this building would be lacking.

"Most people can't remember where they were December 12, 2004. But I can. My daughter was not quite born yet. My wife had a scheduled C-section the very next day, and I had a client that I took care of in Bucks County who was having serious issues with his medication. I was already on vacation in anticipation of the birth of my daughter. I drove 45 miles with my wife in the car because she did not want to be alone the night before her C-section to sort out the situation, and then I drove 45 miles back and at 8 in the morning after getting home about 1 in the morning, my daughter was born.

"That said, it's true I never served a day in the military. Not one. But my grandfather served in the South Pacific. He was on the U.S.S. Mount Olympus, and he was in Tokyo when the Japanese surrendered. He was in Tokyo Harbor.

"My father received a Purple Heart for his service in Vietnam. And that same daughter that was born, December 13, 2004, loved sending my cousin from Northampton County, Richard Check, care packages in Afghanistan.

"This situation clearly hurt me.

"The sad thing is the administration used the people who would be served by this building as pawns to sell you a lease that you are paying a premium for. That's deplorable."

Huh?

What I think is deplorable is that he could stand before Council and utter this crap, and expect to be taken seriously. The fact that he drove 45 miles to help someone once is no evidence of a commitment to people with disabilities. And it's nice that his grandfather was a vet, but you don't inherit that status.

He objects to pointing out that real people would be affected by Council's decision. That's not fair, I guess.

Nuts and Bolts From NorCo Exec John Stoffa

During County Council meetings, Executive John Stoffa almost always gives a brief, "nuts and bolts" report. Last night was no exception. Here's what he thought they, and the rest of us, should know.

1. The West Easton Treatment Center is on track to open next Wednesday at 3 PM. Council members have been invited for a tour.

2. The recently purchased archives building, located in Forks Township, is set to open by the end of the year.

3. Plans for a centralized human services building continue. Stoffa wants to sell off the Bechtel and Wolf buildings, and concentrate human services under one roof. He has declined to reveal the location.

4. A stray pet problem is plaguing Northampton County municipalities. Stoffa is seeking a $25,000 grant for a county-wide study.

Barron: Commuter Tax Could Cost NorCo Workers $300,000

Last night, Easton City Council allowed public comment on its controversial commuter tax. No member of Northampton County Council appeared. But Executive John Stoffa was there, and spoke on behalf of the County worker.

What impact will this have on them? Below are excerpts of a memo prepared by Controller Steve Barron, who took some time out from studying for the bar exam to actually do his job.

If Easton Council votes to pass this tax this evening [they were not scheduled to take a vote, Steve] county employees will begin paying an additional .75% in local income tax starting January 1, 2013. Employees who live in the City of Easton will not have to pay the additional .75% as well as any employee who works outside the City of Easton.

I obtained the list of all employees coded as working in the City of Easton from our employee database. That total number is 1,101 people. This includes full-time and part-time employees.

From this number there are 103 people that live and work in Easton so they would not be subject to the tax. This means that 998 employees are subject to the tax.

There are 77 people who are Allentown residents that [sic] work in Easton and 149 Bethlehem residents who work for the county in one of the Easton locations. I went through the Easton and Bethlehem address lists line by line to pull out people who have an Easton mailing address or Bethlehem mailing address and live in places like Bethlehem Township (some have an Easton mailing address), Forks Township, Hanover Township etc…;

It was interesting to find that 23% of the people subject to pay the tax do not live in the suburbs. They live in another city in the Lehigh Valley.

The average salary of those 998 people falls somewhere between $30,000 per year and $40,000 per year. This means that they will pay somewhere between $225 per year or $300 per year on average. This means that Northampton County employees will pay an additional $224,500 to $299,400 per year to the City of Easton.

There have been a lot of numbers floating around and rumors. Regardless of how you feel about the tax I felt it was my duty as the County Controller to do the research to provide you with accurate and correct information.

If you have any questions don’t hesitate to contact me at (610) 559-3185.

Updated 7:00 AM: Easton Eccentric - Stoffa asks for "summit" between local and state leaders over unsustainable pension costs. Easton City Council to Delay Commuter Tax Vote Until August 8 .